Olaniwun Ajayi LP

Investment Arbitration in Sub-Saharan Africa: Strategic Implications of the 2025 ICSID Caseload for States, Investors and Practitioners

The recently released ICSID Caseload Statistics1 and the prevailing investment dispute climate highlight interesting developments concerning Nigeria and the entire Sub-Saharan region.

First, within the period under review,2 the Sub-Saharan African States generally experienced rising investment dispute claims—a 100% surge in the number of ICSID cases3—and the reasons for the huge increase are nuanced

Second, the ICSID framework remains a veritable tool for foreign investors to hedge their exposure against States, including the Sub-Saharan African States

Third, while Sub-Sahara African arbitrators remain underrepresented on the ICSID tribunals, more Sub-Saharan African arbitrators were appointed, compared to previous years.

In the ensuing paragraphs, this note examines these developments and their implications for Sub-Sahara African States, including Nigeria, the foreign investors doing business in the region and the investment arbitration community at large.

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